Terms and Conditions

These Terms and Conditions have been created in accordance with the provisions of the law of Act No. 89/2012 Coll., The Civil Code and Act no. 634/1992 Coll., The Consumer Protection Act, as amended (hereinafter referred to as the “Law”) and apply to  Goods (hereinafter referred to as the “Goods”), in which the Buyer's rights from liability for defects are claimed during the warranty period ( hereinafter referred to as "Warranty Claim").

Consumer is any person who, in the course of his business or outside the scope of his own occupation, enters into a contract with an entrepreneur or negotiates with him.

 

Seller is entrepreneur Martina Kučerová,  with registered business location at Havlíčkova 15, 301 00 Plzeň, IČ: 75569272, registered in the Trade Register, is a person who, acts within his business or other business activities, when entering into and performing the contract. It is an entrepreneur who directly or through other businesses supplies products or services to the Buyer.

 

Customer of our e-shop is either buying consumer or Buyer, who acts within his business or other activity, when entering into contract and its performing.



 Payment Methods:

IN THE AREA OF THE CZECH REPUBLIC CASH PAYMENT (WHEN RECIEVING THE GOODS) IS THE SIMPLIEST AND FASTEST WAY HOW TO PAY FOR THE GOODS.

 

  • Paypal   
  • IN CASH - CASH ON DELIVERY

When taking the goods over from the carrier - you pay the goods in cash to the driver of the transport company or to the postman. Please always prepare the necessary amount to speed up the takeover of the delivery.
You cannot pay by credit card to the drivers of the transport company.
 

  • credit card

         

 

 Delivery Methods:


DPD PACKAGE for the Czech Republic:

In case of delivery up to 2999, -CZK incl. VAT, postage is 129, -CZK.

DPD distributes goods up to 30 kg, in weekdays from 8.00 to 18.00.. If the driver fails to reach you on the first delivery attempt, he will leave a notice in the mailbox and deliver the shipment to you on the next business day. The advantage of the DPD service is the phone call regarding the delivery agreement, or an SMS that the driver will send you in advance of the expected delivery date.

Price for delivery (in case of payment method - cash on delivery) up to 30kg for 1 package is 129, - CZK incl. VAT.

If the price of the delivery is higher than 3000, - CZK incl. VAT the shipping is for free.

 

 

DPD PACKAGE for the Slovak Republic:
In case of price   of the delivered package up to 135 euro incl. VAT, the postage of 9 euro is charged. After receiving of an invoice, which will be sent to you by email, you need to pay the amount via bank transfer. The goods will be delivered to you after successful payment transaction. If the ordered goods are not in stock, we will inform you in written about this fact. The goods will be delivered to you by the shipping company within three days after receiving the payment on our account. If the issued invoice, which we send you by email, is not paid within 5 days, your order will be canceled.  
  Price conversion according to exchange rate 1EUR = 26, - CZK

Bank connection:  
Bank account number: 2201605080/2010
IBAN: CZ8820100000002201605080
BIC / SWIFT kód FIOBCZPPXXX
Variable symbol = issued invoice number - must be entered when paying

If the price of delivered goods is higher than 135 euro incl. VAT, the shipping to the Slovak Republic is for FREE.

It is not possible ot pay in cash on delivery.  

 

 

DPD PACKAGE INTO THE TARIFF ZONE II

(Germany, Austria, Poland, Hungary)

If the price of delivered goods is up to 135 euro  incl. VAT, postage of 9 euro is charged. After receiving the invoice, which will be sent to you by email, you need to pay for the goods via bank transfer. The goods will be delivered after successful payment transaction. If the ordered goods are not in stock, we will inform you in written about this fact. The goods will be delivered to you by the shipping company within five days after receiving the payment on our bank account. If the invoice that we send you by email is not paid within 5 days, your order will be canceled.
 Conversion of price according to exchange rate 1EUR = 26, - CZK

Bank connection:  
Bank account number: 2201605080/2010
IBAN: CZ8820100000002201605080
BIC / SWIFT kód FIOBCZPPXXX
Variable symbol = issued invoice number - must be entered when paying

If the price of the delivered goods is higher than 135 euro incl. VAT the shipping to DE, AUT, POL, HUN is for FREE.

It is not possible ot pay in cash on delivery.  

 

 

 DPD PACKAGE INTO THE TARIFF ZONE III

(Great Britain, Belgium, Denmark, Estonia, France, Italy, Lithuania, Lichtenstein, Latvia, Netherlands, Switzerland)

If the price of delivered goods is  up to 160 euro  incl. VAT, postage of 17 euro is charged. After receiving the invoice, which will be sent to you by email, you need to pay for the goods via bank transfer. The goods will be delivered after successful payment transaction. If the ordered goods are not in stock, we will inform you in written about this fact. The goods will be delivered to you by the shipping company within five days after receiving the payment on our bank account. If the invoice that we send you by email is not paid within 5 days, your order will be canceled.
 Conversion of price according to exchange rate 1EUR = 26, - CZK

Bank connection:  
Bank account number: 2201605080/2010
IBAN: CZ8820100000002201605080
BIC / SWIFT kód FIOBCZPPXXX
Variable symbol = issued invoice number - must be entered when paying

If the price of the delivered goods is higher than 160 euro incl. VAT the shipping to GB, BEL, DNK, EST, FRA, ITA LTU, LIE, LVA, NLD, CHE is for FREE.

It is not possible ot pay in cash on delivery.  

 

 

DPD PACKAGE INTO THE TARIFF ZONE IV

(Croatia, Ireland, Portugal, Northern Ireland, Spain, Sweden, Ukraine)

If the price of delivered goods is up to 160 euro  incl. VAT, postage of 17 euro is charged. After receiving the invoice, which will be sent to you by email, you need to pay for the goods via bank transfer. The goods will be delivered after successful payment transaction. If the ordered goods are not in stock, we will inform you in written about this fact. The goods will be delivered to you by the shipping company within five days after receiving the payment on our bank account. If the invoice that we send you by email is not paid within 5 days, your order will be canceled.
 Conversion of price according to exchange rate 1EUR = 26, - CZK

Bank connection:  
Bank account number: 2201605080/2010
IBAN: CZ8820100000002201605080
BIC / SWIFT kód FIOBCZPPXXX
Variable symbol = issued invoice number - must be entered when paying

If the price of the delivered goods is more than 160 euro incl. VAT the shipping is for FREE.

It is not possible ot pay in cash on delivery.  

 

 

REGULATIONS FOR WARRANTY CLAIMS

 

These regulations have been created in accordance with the provisions of the law of Act No. 89/2012 Coll., The Civil Code and Act no. 634/1992 Coll., The Consumer Protection Act, as amended (hereinafter referred to as the “Law”) and apply to  Goods (hereinafter referred to as the “Goods”), in which the Buyer's rights from liability for defects are claimed during the warranty period ( hereinafter referred to as "Warranty Claim").

 

Consumeris any person who, in the course of his business or outside the scope of his own occupation, enters into a contract with an entrepreneur or negotiates with him.

 

Selleris entrepreneur Martina Kučerová,  with registered business location at Havlíčkova 15, 301 00 Plzeň, IČ: 75569272, registered in the Trade Register, is a person who, acts within his business or other business activities, when entering into and performing the contract. It is an entrepreneur who directly or through other businesses supplies products or services to the Buyer.

 

Customer of our e-shop is either buying consumer or Buyer, who acts within his business or other activity, when entering into contract and its performing.

 

DEFECTS OF GOODS

The Seller is responsible to the Consumer for delivering goods with no defects. In particular, the seller is responsible to the consumer that

  • the goods correspond with all the offered, demanded and agreed properties at the time the consumer takes over the delivery and If such agreement is missing, then those are such characteristics, that the seller or manufacturer described or that the buyer was expecting with regards to the item's format and on the basis of what was implied in the advertisement,
  • (b) the item is suitable for the purpose that the seller has indicated or for the purpose with which an item of its kind is normally used,
  • (c) the item corresponds to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
  • (d) the item is in the appropriate quantity, degree or weight; and
  • (e) the item meets the requirements of its legal description.

 

RIGHTS IN CASE OF FAILURE OF GOODS

 

If the property does not have the above described properties, the buyer may also require the delivery of a new item without defects unless it is unreasonable due to the nature of the defect, but if the defect only affects a part of the item, the buyer may only require replacement of defected parts; if this is not possible, he/she can withdraw from the contract.

 

However, if the defect is disproportionate in regards to the nature of the defect, in particular if the defect can be remedied without undue delay, the buyer has the right to the removal of the defect free of charge.

 

The buyer has the right to the delivery of a new item or replacement parts in the event the defect was remedied, if the item can not be used for recurrence of defect after repair or for more defects. In that case, the buyer has the right to withdraw from the contract.

 

If the buyer does not withdraw from the contract or does not use the right to delivery of a new item without defects, or to replace its part or to repair the item, he/she may request to receive a reasonable discount. The buyer has the right to a reasonable discount if the seller cannot deliver a new item without defects, replace its parts or repair the item. This applies even if the seller fails to remedy the defect within a reasonable time or if the remedy would cause considerable difficulties or inconvenience to the consumer.

 

The buyer is not entitled to the right of defective performance if the buyer knew before taking over the thing that the item has a defect or if the buyer himself caused the defect.

 

DEADLINES

The consumer is entitled to use the right in cas of defect, that occurs in consumer goods within 24 months after receiving of it. If a defect occurs within six months after its receiving, it is assumed, that the item had a defect already when it was received.

 

The warranty period begins with the takeover of the Goods by the Customer. The warranty period for the Buyer is 24 months, but for the Buyer, who acts in the course of his business or other business when concluding and performing the contract, the warranty period is only 12 months. The warranty period is extended for as long as the Goods have been under warranty repair. In case of replacement of the Goods, a new warranty period starts from the beginning.

 

 

OTHER

 

The Seller's liability for defects does not relate to the wear and tear of the item caused by its normal use; if the defects were reason for a discount, if it is in the nature of things.

 

At the consumer's request, the Seller is obliged to provide the consumer with a written confirmation of the obligations in case of warranty claim to the extent specified by law (warranty card). If the nature of the item permits, it is sufficient to issue to the Buyer, instead of the warranty card, proof of purchase of the item containing the information (invoice), which must contain the same information as a warranty card. The warranty card must contain the name and surname, name or business name of the Seller, identification number, business location, in the case of a legal person or residence in the case of a natural person. If longer than the statutory warranty is provided, the Seller will determine the terms and extent of the warranty extension in the warranty card.

 

The consumer is entitled to withdraw from the contract in all cases mentioned in the Law. Withdrawal is effective against the Seller from the moment the Buyer's statement of withdrawal is delivered to him, as long as all necessary legal conditions are met. In case of withdrawal from the contract, the contract is canceled from the outset and the parties are obliged to return everything provided on the basis of the contract. In the event of cancellation of the contract due to the exercise of rights arising from liability for defects, the Buyer shall only return the performance provided by the Seller to the extent that it is objectively possible in the given situation.

 

TIME PERIOD FOR DEALING WITH THE COMPLAINT

 

In case you are a consumer, the returning of faulty goods will be solved with in a time period of 30 days.
 In case you are not a consumer, we will do our best to settle the claim as soon as possible.

 

We will send the money to your account and it will not be later than thirty days after the delivery of the withdrawal from the purchase contract.

Returning the money via mail is not possible.

The costs connected with transport of the goods will be reimbursed if the following conditions are met:

  • the claim will be justified (it will not be a defect caused by incorrect operation, mechanical damage, etc.)
  • you will send an email to: complaint@smiley4baby.com, with a request for reimbursement of the necessary costs associated with the transport of the claimed goods,
  • these costs will be documented (scan of the postage, shipping note, etc.).

 

Only costs of a reasonable amount may be reimbursed according to the nature of goods.
E.g. for shipping costs, not for taxi service, etc.

 

CLAIM REPORT

If you want to make a complaint, please ask us via   complaint@smile4baby.com   for a complaint report.

In the case of sending a complaint via mail (to the address of the business location) a complaint report will be sent to you to the e-mail address written in the complaint.

 

email: complaint@smiley4baby.com

  • The warranty period starts on the day of receiving the goods.
  • The warranty period does not include the time from claiming the goods until the buyer is obliged to accept the goods after the warranty repair.
  • If goods are exchanged for new or parts for which a warranty is given are replaced, the warranty period starts over from the beginning by receiving of the new goods (or receiving of the goods with the new component).

 

RETURN OF GOODS NO LATER THAN IN 14 DAYS

 

If you are a consumer, according to § 1829 of the Civil Code (Act No. 89/2012 Coll.), You have the right to return the purchased goods without giving any reason within 14 calendar days after the date of receiving of the goods.

 

Goods ordered and purchased via our eshop www.smiley4baby.com, can only be returned by mail toan address Martina Kučerová, Havlíčkova 15,  301 00 Plzeň.

 

 

If you are not a consumer and you purchase the goods as part of your business or private business (which is determined by the identification number on the purchase document), the right of withdrawal from the contract does not arise because the law does not mention this possibility.

You may also exercise your right to return the goods in written by withdrawing from the contract and sending the goods to the address

 

Martina Kučerová, Havlíčkova 15,  301 00  Pilsen

 

Please, pack the goods well before you send it to avoid damage during shipping.

 

If possible, please return the goods to their original condition to avoid a possible reduction in the amount refunded by the cost of restoring the goods to the original state.

 

We will send the money for your goods to your bank account as soon as possible, no later than 14 days after the withdrawal from the contract, but not before delivery of the returned goods back to our complaint department (or before proving that the returned goods have been sent to us). The costs for returning the goods are in this case covered by the buyer.

 

The package is not an item of purchase or part of the purchased item. Despite this, Jaroslav Havlíček has the right to compensation for the costs actually incurred in returning the goods. These costs are always individually assessed and as such are then charged to the customer and credited with the amount returned.

 

14-DAYS TIME LIMIT

To comply with the deadline, it is decisive when the withdrawal is sent.  The withdrawal period is to be maintained if the consumer sends a notice to the trader that he is withdrawing from the contract within the time limit of 14 days.

 

The withdrawal period is 14 calendar days, not working days, and starts the following calendar day after the consumer takes over the goods  (for example: if the customer takes over the goods on Friday, the withdrawal period starts on Saturday).

 

In the shortest possible time from sending this withdrawal you need to give us the purchased goods. In this case, there is no right to reimburse the necessary costs connected with the transport of the goods to the Seller.

 

5.1. The Buyer notes that, under Section §1837 of the Civil Code, it is not possible to withdraw from a Purchase Agreement for the supply of products that have been adjusted according to the wishes of the Buyer, from a Purchase Agreement for the delivery of perishable products, which after the delivery were irrevocably mixed with other products, or from a Purchase Agreement for the supply of products in sealed packaging which the consumer has taken out of the packaging and cannot be returned for hygienic reasons.

 

WHAT DOCUMENTS TO ATTACH

We recommend to always attach a document to the returned goods that confirms that you have purchased the goods from us and will help us to identify the goods and request.

 

WHAT GOODS CANNOT BE RETURNED?

5.1. The Buyer notes that, under Section §1837 of the Civil Code, it is not possible to withdraw from a Purchase Agreement for the supply of products that have been adjusted according to the wishes of the Buyer, from a Purchase Agreement for the delivery of perishable products, which after the delivery were irrevocably mixed with other products, or from a Purchase Agreement for the supply of products in sealed packaging which the consumer has taken out of the packaging and cannot be returned for hygienic reasons.

 

By law, the consumer cannot withdraw from the contract in particular:

  • a) over the provision of services, if the provision of services have been fulfilled with the consumer's prior consent before the expiry of the withdrawal period and the business or seller has informed the consumer, before concluding the contract, that in this case he/she has no right to withdraw from the contract,
  • (b) over the the price of the delivery of goods or services, whose price is dependent on financial market deviations, irrespective of the will of the seller, which may occur during the withdrawal period,
  • (d) over the delivery of goods, which were adjusted according to the wishes of the consumer or their receiving party,
  • (e) over the delivery of perishable goods and goods which have been irrevocably mixed with other goods after delivery,
  • (f) over repairs or maintenance carried out at a place designated by the consumer at his request; this does not apply in case of subsequent execution of non-requested repairs or delivery of spare parts other than those requested,
  • (g) over sealed packaging from which the consumer has removed the goods and when the removed goods cannot be returned due to hygienic reasons,
  • by consent of the consumer before the expiry of the withdrawal period, and before the conclusion of the contract, the entrepreneur has informed the consumer that he is not entitled to withdraw from the contract.

Exceptions are cases where withdrawal is explicitly agreed.

  • It is possible to withdraw from the purchase contract within 14 calendar days.
  • The 14-day period begins on the following calendar day after the goods are taken over.
  • If the 14-day period ends at the weekend or on a holiday, the last working day before the mentioned days is taken as the last day of the period.
  • Withdrawal from the contract must be sent to the supplier on the last day of the 14-day period at the latest.
    The goods may be returned later upon agreement.
  • Unpacking or using the goods does not invalidate the right of withdrawal without giving any reason.
  • The goods does not have to be returned in their original packaging, but the supplier has the right to reimburse the costs associated with bringing the goods back to their original condition.
  • It is possible to return the used goods, but the supplier again has the right to demand the costs associated with putting the goods back to their original state. These costs can theoretically reach the full price of goods.
  • We will refund the money within 14 calendar days of withdrawal at the latest, but not before we receive the returned goods (or before proving that the returned goods have been sent to us).


    The Terms and Conditions are valid from 17th March 2019